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14 February 2008 / Roger Smith
Issue: 7308 / Categories: Features , Public , Legal services , Constitutional law
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Caesar’s Palace, not Lambeth’s

Roger Smith muses on the conflict between divine and secular law.

Henry VIII has a lot to answer for. His conflation of church and state, so convenient in the gratification of his lust for Anne Boleyn and greed for monastic wealth, lies heavy with us still. As a result, Prince Charles muses whether, if ever he becomes king, he should be the defender of the faith or the faiths. The Archbishop of Canterbury, Rowan Williams, speculates on the “unavoidable” need for the state to recognise shariah law.

 
RACISM AND MEDIA HYPE
Much of the political and media firestorm that engulfed Williams was barely disguised racism and media hype. The latter reached its nadir with Newsnight. We were treated to Jeremy Paxman, generally a national treasure and beloved rottweiler at the throats of the powerful, hounding Dr Tariq Ramadan over two propositions that, when allowed the odd word, he manifestly did not support. He argues that there are various definitions of shariah law—not one—and he certainly does not argue
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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